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CHIEF SEN. LUKA GWOM & ANOR V. PRINCE S. A. OROKOYO

(2015) JELR 40511 (CA)

Court of Appeal  •  CA/J/117/2012  •  17 Jun 2015  •  Nigeria

Coram
JOSEPH TINE TUR JCA; IBRAHIM SHATA BDLIYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Appearances
Ansho D. N. For Appellant Ayo Adeniyi For Respondent

Judgement

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): This appeal was filed by the defendants against the judgment delivered by Hon Justice B. Nimpar, J., (as he then was) sitting in the Plateau State High Court of Justice No. 4, Jos on 29th February, 2012 in favour of the respondent who was the plaintiff in the Court below. The respondent founded his cause of action on libel based on two publications dated 31st October, 2005 and 6th December, 2005 which he claimed was written by the appellants out of malice and hatred to destroy the respondent's popularity among the Kabong Community he had served regarding a water project.

The respondent testified as PW1 and tendered Exhibits "1"-"4". PW2 to PW5 testified thereafter and the respondent closed his case. The appellant testified as DW1 and tendered Exhibits "4"-"6". Learned Counsel called DW2-DW5 who testified, were cross-examined and re-examined. Learned Counsel submitted written addresses which were adopted. The learned trial Judg…

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